The Ombudsman's final decision
Summary: We will not investigate this complaint about financial assessment for adult social care charges. This is because there is not enough evidence of fault by the Council, and we could not achieve the outcome the complainant wants.
The complaint
Mr B says the Council will not accept his evidence and is asking for evidence it knows he cannot provide. This has significantly affected Mr B’s health, and his ability to concentrate at work and support his family’s needs. Mr B wants the Council to accept the proof he has provided.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s relative, Ms C, moved into residential care. The Council has completed a financial assessment to decide how much Ms C must pay for her care. The Council has included Ms C’s property and has not agreed to a deferred payment agreement where it essentially loans money to Ms C and places a charge against her property for that loan to be repaid.
Mr B says the Council is failing to take account of a large sum of money owed to Mr B from Ms C. If Ms C’s money is all used for care fees there will be no way for her to repay the loan to Mr B. This is causing Mr B distress.
In making its decision the Council has sought and considered information and evidence from Mr B and has taken legal advice. The Council has explained to Mr B the evidence he needs to provide. There is no fault in how the Council made its decision, and so we cannot question or criticise it even though Mr B strongly disagrees with it and believes he has provided enough evidence.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault by the Council. We cannot achieve the outcome Mr B wants, which is for the Council to accept the loan was made and not include that sum in the financial assessment. This is a decision only the Council can make. The Council has asked for specific evidence, which unfortunately Mr B cannot provide because the bank no longer holds this historical information. Mr B may wish to seek legal advice about his position.
Investigator's decision on behalf of the Ombudsman